'Lord Shiva Doesn't Need Our Protection': Delhi High Court Rejects Plea Against Demolition Of Temple "Encroaching" Yamuna Flood Plains Area

The Delhi High Court has rejected a plea against the action of Delhi Development Authority (DDA) demolishing the Pracheen Shiv Mandir situated near city's Geeta Colony and located near Yamuna Flood Plains.

Justice Dharmesh Sharma observed that Pracheen Shiv Mandir Avam Akhada Samiti, which filed the plea, miserably failed to demonstrate any legal rights existing with it so as to continue to use and occupy the civic property for running the temple services.

“The half-hearted plea by the learned counsel for the petitioner that Lord Shiva, being the deity of the temple, must be also impleaded in the present matter is a desperate attempt to give an altogether different colour to the entire dispute to sub-serve the vested interest of its members,” the court said.

It added: “It goes without saying that Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no iota of doubt that Lord Shiva would be happier if the Yamuna River bed and the flood plains areas are cleared of all encroachments and unauthorised construction.”

The plea sought a direction on the authorities to ensure that the twmple situated near Taj Enclave in city's Geeta Colony Akshardham Temple near Metro Station is kept operational and open for the use of devotees.

It was the society's case that the temple acts as a central hub for spiritual community activities, drawing approximately 300 to 400 devotees regularly, who convene to engage in prayer and worship.

While rejecting the plea, the court noted the structure in question was located on the Yamuna flood plains which have been developed by DDA pursuant to directions of the NGT.

The court said that no document was produced on record that the temple was dedicated to the public and not a private temple managed by the petitioner society.

It held that mere fact that the prayers are offered at the temple every day and there are special events on certain festive occasions does not convert the temple in question to a place of public significance.

However, the court gave the petitioner society 15 days time to remove the idols and other religious objects in the temple and to place the same in some other temple.

“If they fail to do so, the respondent DDA is directed to ensure that the idols are placed in some other temple, or as may be directed by the Religious Committee if they are approached for any suggestions,” the court said.

It further granted liberty to the DDA to carry out demolition of the unauthorised construction. The court directed the petitioner society and its members to not cause any impediment or obstacles in the demolition process.

“The local police and the administration shall render full assistance in the said process in order to maintain law and order,” the court said.

Title: PRACHEEN SHIV MANDIR AVAM AKHADA SAMITI v. DELHI DEVELOPMENT AND ORS.

Citation: 2024 LiveLaw (Del) 649

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